Articles 12.10 and 12.10.1
Ref.: Procedure and application of article 12.10 and 12.10.1 of the CAM-CCBC Arbitration Rules
The President of the Center of Arbitration and Mediation of the Brazil-Canada Chamber of Commerce (“CAM-CCBC”), in the exercise of the powers conferred upon her by article 2.6 (c) of the CAM-CCBC Rules, approved on September 1st, 2011, and having heard the Advisory Board, hereby constitutes the charging procedure that shall be applied by the Secretariat and the financial sector of CAM-CCBC, in accordance with articles 12.10 and 12.10.1. of the said Rules, which provides:
“12.10. In the event that the Administrative Fees, arbitrators’ fees and experts’ fees or any arbitration expenses are not paid, one of the parties will have the option of making the payment for the other’s account, by a time to be established by the Secretariat of the CAM-CCBC.
12.10.1. If the payment is made by the other party, the Secretariat of the CAM-CCBC will give notice to the parties and to the Arbitral Tribunal, in which case the latter will consider the claims, made by the party which failed to pay, withdrawn, if any”.
In case of nonpayment, and unless advised otherwise by the Secretariat or by the Directory of CAM-CCBC, the financial sector shall forward up to two electronic notices to the defaulting party’s attorneys requiring the payment of the defaulted amount.
Having the party refused to pay or to answer the notice, the Secretariat shall forward a notification inviting the other parties to demonstrate their interest, in five (5) days’ time, in paying the defaulting amounts.
The invoices corresponding to the pending amounts will be forwarded to the party that has demonstrated interest in paying the fees of the defaulting party.
Unless advised otherwise by the Arbitral Tribunal, the collection will be made considering the amount in dispute declared by the compliant party, and disregarding the amounts eventually estimated by the defaulting party in its claims.
Once the payments are verified, the Secretariat shall forward a communication to the parties and arbitrators, in accordance with article 12.10.1 of the Rules, event in which the Arbitral Tribunal shall consider the defaulting party’s claims withdrawn, if any.
The party who settles these fees will be registered under the procedure as the responsible for the payment of all future expenses owed by the other party.
São Paulo, October 22nd, 2015
Carlos Suplicy de Figueiredo Forbes
President of CAM-CCBC